2015 Mid-Year Convention
Warm Springs, OR
RESOLUTION #15 - 00
“Protection and Maximization of Hatchery Production to Provide
for the Treaty Reserved Right to Harvest Fish”
PREAMBLE
We, the members of the Affiliated Tribes of Northwest Indians of the United States, invoking the
divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves
and our descendants rights secured under Indian Treaties, Executive Orders, and benefits to
which we are entitled under the laws and constitution of the United States and several states, to
enlighten the public toward a better understanding of the Indian people, to preserve Indian
cultural values, and otherwise to promote the welfare of the Indian people, do hereby establish
and submit the following resolution:
WHEREAS, the Affiliated Tribes of Northwest Indians (ATNI) are representatives of
and advocates for national, regional, and specific tribal concerns; and
WHEREAS, ATNI is a regional organization comprised of American Indians/Alaska
Natives and tribes in the states of Washington, Idaho, Oregon, Montana, Nevada, Northern
California, and Alaska; and
WHEREAS, the health, safety, welfare, education, economic and employment
opportunity, and preservation of cultural and natural resources are primary goals and objectives
of the ATNI; and
AFFILIATED TRIBES OF NORTHWEST INDIANS
RESOLUTION #15 - 00
WHEREAS, salmon are important culturally, economically, and spiritually to all Tribes,
and the Puget Sound Treaty Tribes have reserved their rights of taking fish at all usual and
accustomed grounds and stations, and the Treaties are the Supreme Law of the Land; and
WHEREAS in United States vs. Washington (1974) Judge George Boldt affirmed that
the treaty reserved right to take fish, and set criteria for conservation, fishery regulation and
sharing, which was upheld by the Supreme Court (Passenger Vessel). The federal trustees and
courts are obligated to uphold the Treaty Rights which requires there to be fish available to
harvest, functioning habitat and clean water necessary to provide for the treaty right to fish
(Phase II, Culvert 2007, US v WA), and that hatchery fish are part of the Treaty Right (US v WA);
and
WHEREAS, salmon populations have been decimated by degraded water quality and
quantity, and lost and degraded habitat through non-tribal forest, agricultural, industrial and
urban development in critical salmon habitat. Federal trustees have not met their responsibility
in enforcing laws (Clean Water Act (CWA), Magnuson Stevens Act (MSA), Coastal Zone
Management Act (CZMA), etc.) to protect such habitat; and
WHEREAS, hatcheries were established to mitigate for the loss of salmon to Treaty
Tribes due to non-tribal habitat degradation, and hatchery fish are recognized as a part of the
Treaty Rights; and
WHEREAS, hatchery production since the 1990s has been and continues to be reduced,
restricted, and threatened by 1) concerns for ESA listed species, 2) Lack of state and federal
financial and political support for hatchery operations, 3) state and federal permitting agencies
that continue to allow activities that limit or reduce the natural production of salmon, 4) a
disproportionate burden of conservation placed on the tribal harvest and hatchery requirements
over regulation of land use activities and 5) lack of action by National Oceanic and Atmospheric
Administration (NOAA) Fisheries to evaluate Hatchery Genetic Management Plans (HGMPs)
under limit 6 of the 4(d) rule and provide a take permit; and
WHEREAS, in 2014 anti-hatchery groups took legal and administrative actions to close
hatchery operations (i.e. Chambers Creek Steelhead, Sandy River, Elwha Hatchery, Tokul Creek,
Leavenworth National Fish Hatchery), and continue to take legal, administrative, and political
actions putting all hatchery operations at risk; and
WHEREAS, lack of HGMP approval puts Federal, State, and Tribal hatchery systems at
risk, and lack of approved HGMPs could cut hatchery production that will have an immediate
impact on Tribal, recreational, and commercial harvest;
WHEREAS, Washington State and tribal co-managers have submitted over 150 hatchery
and genetic management plans for approval; and
WHEREAS, in 2004 and 2005, the National Oceanic and Atmospheric Administration
fisheries stated it would not approve Puget Sound hatchery and genetic management plans until it
completed a regional environmental impact statement for Puget sound hatcheries; and
2015 MID-YEAR CONVENTION
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AFFILIATED TRIBES OF NORTHWEST INDIANS
RESOLUTION #15 - 00
WHEREAS, in July 2014 NOAA released a Puget Sound hatcheries draft environmental
impact statement, only to withdraw the document in March 2015; and
WHEREAS, NOAA suffers from a lack of funding and personnel to complete State and
Tribal HGMPs and the required regional environmental impact statement, and
THEREFORE BE IT RESOLVED, that ATNI calls upon the congressional delegation,
Congress, WA Governor Inslee, and WA state legislature to support in FY 2016 $8 million in
additional funding for Puget Sound Hatchery and Genetic Management Plan approvals.
CERTIFICATION
The foregoing resolution was adopted at the 2015 Mid-Year Convention of the Affiliated
Tribes of Northwest Indians, held at the Kah-Nee-Ta Resort and Spa, Warm Springs, Oregon on
May 18-21, 2015, with a quorum present.
______________________________
Fawn Sharp, President
2015 MID-YEAR CONVENTION
______________________________
Norma Jean Louie, Secretary
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